La causa "expropiandi" en la Ley de Expropiación Forzosa de 1954: propuestas de reforma
After almost seventy years since the entry into force of the Spanish compulsory purchase law, it seems correct to defend its reform. The present work intends to present some proposals in this sense in relation to the specific topic of the public interest. To this end, and taking into account the jur...
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| Format: | Article |
| Language: | Spanish |
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2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8415451 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 217, 2022, pags. 135-164 |
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| Summary: |
After almost seventy years since the entry into force of the Spanish compulsory purchase law, it seems correct to defend its reform. The present work intends to present some proposals in this sense in relation to the specific topic of the public interest. To this end, and taking into account the jurisprudential experience, possible changes in the articles of the current Law are analyzed, reinforcing the mechanisms of judicial control. From the perspective of the Rule of Law, the question of the cost/benefit analysis of the compulsory purchase and the consequences in the event of annulment of the public interest are especially taken into account. Finally, the democratic instruments of our system that could serve to control the public interest are studied.
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